Legal Opinion · Dissent

Joiner v. Glenn

Supreme Court of Georgia

Decided November 8, 2010No. S10A1267Published

1DissentHunstein, Chief Justice

I must respectfully dissent because the “adequate state remedy” doctrine adopted by the majority is not applicable to damages actions brought under OCGA § 36-33-4. I would therefore hold that, because Glenn has alleged a violation of appellants’ duty to conduct a name clearing hearing, and because such violation is actionable under OCGA § 36-33-4, the trial court properly denied appellants’ motion for judgment on the pleadings.

The majority proceeds under the assumption that, because Glenn’s complaint is premised on allegations that Glenn was denied a name clearing hearing, the cause of action…

2Cases cited15 opinions

  1. McKinney v. PateCourt of Appeals for the Eleventh Circuit · 1994
  2. Gilbert v. RichardsonSupreme Court of Georgia · 1994
  3. Cotton v. JacksonCourt of Appeals for the Eleventh Circuit · 2000
  4. Gaskins v. HandCourt of Appeals of Georgia · 1996
  5. Jones v. Chatham CountyCourt of Appeals of Georgia · 1996

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